Parker v The Queen

The case of *Parker v The Queen* concerned an appeal to the Privy Council from the Supreme Court of Queensland. The appellant, Parker, had been convicted of murder. The central dispute revolved around the admissibility of certain evidence obtained from the appellant following his arrest.

The Privy Council was required to determine whether the trial judge had erred in admitting evidence of statements made by the appellant to police officers after his arrest, and whether this evidence was obtained in contravention of the Judges' Rules, which were then applicable in Queensland. A further issue was whether the admission of this evidence, if improperly obtained, had occasioned a substantial miscarriage of justice.

Their Lordships held that the Judges' Rules, while not having the force of law, were important guidelines for police conduct. They found that the statements made by the appellant were not voluntary and had been obtained in circumstances that did not comply with the spirit of the Rules, particularly concerning the caution administered to the appellant. However, applying the proviso to section 668A of the Criminal Code (Qld), the Privy Council concluded that, notwithstanding the improper admission of the evidence, there was no substantial miscarriage of justice as the evidence against the appellant was overwhelming and a conviction was inevitable.

The appeal was therefore dismissed, and the conviction upheld.